Confidentiality

In accordance with Colorado State law, the Lincoln County Bookmobile requires that patron records and any other information that identifies a person as having used the Bookmobile are confidential.

Concerning privacy of library user records, Colorado law (Colorado Revised Statutes 24-90-119) states:

Privacy of user records:

Except as set forth in subsection (2) of this section, a publicly-supported library shall not disclose any record or other information that identifies a person as having requested or obtained specific materials or service or as otherwise having used the library.

Records may be disclosed in the following instances: (a) When necessary for the reasonable operation of the library; (b) Upon written consent of the user; (c) Pursuant to subpoena, upon court order, or where otherwise required by law; (d) To a custodial parent or legal guardian who has access to a minor’s library card or its authorization number for the purpose of accessing by electronic means library records of the minor.

Any library official, employee, or volunteer who discloses information in violation of this section commits a class 2 petty offense and, upon conviction thereof, shall be punished by a fine of not more than three hundred dollars.

Handling Confidentiality Questions:

 When parents request information on their child’s card. What information can we provide?

Staff can provide the information requested if:

  • The parent has possession of the child’s library card, or
  • The parent provides us with the child’s last name, library card number and personal identification number (PIN).

Unless the above conditions are met, staff may not provide the parent with specific title information on the child’s card due to the confidentiality provisions of Colorado law (C.R.S. 24-90-119). Staff can tell them how many items are checked out and when they are due.

A parent receives a letter to the child that says an item is lost. They feel they need to know the title of the book, so they can return the item. How do we respond?

If a parent requests title of a “lost” item for the purpose of locating the item, you may provide the title of the book. This falls within “reasonable operation of the library”.

Parent calls to request child’s library card number. Can we provide the number?

You should not provide this information. Refer to provisions of the privacy law if necessary. Frequently in this situation the library card has been lost. A good solution is to suggest a replacement card for the child.

A patron calls to renew items on a family member’s card. Some of the items did not renew. Can we tell the titles of these items?

It is acceptable to provide the titles requested if the caller provides:

  • Last name, and
  • Library card number, and
  • PIN of the other patron.

Under the provisions of C.R.S. 24-90-119 you cannot tell the caller the titles unless the above conditions are met. However, you can suggest that the cardholder call the Library, and we will be glad to provide the information. You can also offer to mail a copy of the printout to the patron.

Someone other than the patron wants to pick up holds. How do we handle?

Allow check out and check out items on the card of the person picking up the holds. However, if they have the library card of the individual who placed the hold, check out using this card. We believe this is acceptable, because the title of the hold is on the notice we mail to the patron.

Patron wants to know the name of the next person on the hold list. Can you provide this information?

No. You cannot release this information. Refer to provisions of the privacy law if necessary.

A police officer that is investigating a murder demands information on the record of a patron believed to be a suspect? Should you provide this information?

No information can be provided without a subpoena or a court order.

If the officer presents a subpoena or a court order, verify that the order matches what the officer is requesting and provide the information.

A police officer questions whether a person was seen in the library. Should you provide this information?

Employees cannot identify anyone unless the police have a subpoena or court order.

Someone calls to ask for the titles borrowed by a family member/friend who has died. They are handling the estate and want to return all library materials.

Verify that the individual is deceased and that’s the caller is legally handling the estates before releasing the deceased information.

A female patron presents John Smith’s library card and requests information. We do not think that the patron is the same person as the cardholder. Can we provide the information?

Yes. Possession of the card implies consent to provide information.

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